MUHAMMAD SHAH JAHAN vs COLLECTOR/DEPUTY COMMISSIONER DIAMER Ss — 2022 MLD 1008 Gilgit-Baltistan Chief Court |

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MUHAMMAD SHAH JAHAN VS COLLECTOR/DEPUTY COMMISSIONER DIAMER Ss.9 & 18---Civil Procedure Code (V of 1908), O.XIII, R.2---Production of document at belated stage---Sufficient cause---Reference was filed by petitioners against award passed by the Collector Land Acquisition---Application for production of private documents (agreements and award) was filed by petitioners during pendency of the said reference---Referee/District Judge partially dismissed the said application---Appellant contended that act of dismissal would adversely affect to reach at the right conclusion/decision of Court; that documents (two separate agreement and one arbitration award) had been accepted/admitted by the parties to the agreement and had also no objection by either party; and that the said documents were termed as admitted documents having relevance with the reference petition---Validity---Alleged documents were private documents, hence it could safely be inferred that the same were in possession of the appellant at the time of filing the reference petition---Appellants had not averred in reference petition that the alleged documents were not in their possession and they would soon after recovery submit the same before the Trial Court---Neither any good reason nor sufficient cause was mentioned in the application of appellants---Stamp papers were issued in different dates---Witnesses shown in the agreement had not put their signatures on the said agreement---Documents were result of afterthought and appellants had prepared the same just to strengthen their cause---Said documents were not public documents hence no presumption of truth was attached thereto---Impugned order was not an appealable order---Although the impugned order could be assailed through revision petition but the appellants failed to submit the relevant documents along with the appeal---Appeal was dismissed accordingly.

MUHAMMAD SHAH JAHAN vs COLLECTOR/DEPUTY COMMISSIONER DIAMER Ss — 2022 MLD 1008 Gilgit-Baltistan Chief Court

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